The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2009 at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the following manner:
(a)
The Mayor shall have a three-year term beginning with the May 2011 election.
(b)
Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1 and 2 shall have three year terms.
(c)
Councilmembers elected at the May 2008 election shall draw lots to determine Places 3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-year terms.
(d)
A Councilmember shall be elected to Place 6 at the November 2013 election for an initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have three year terms.
(e)
The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected.
(f)
The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected.
(g)
In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. (See Editor’s note 1 below)
(h)
Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. (See Editor’s note 2 below)
Editor’s note 1–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following changes: Deleted the original 5.01(e) which read “Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required.” Added subsections “(e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved.”
Editor’s note 2–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #13 made the following changes: First sentence, following the word “by” deleted the word “Council” at the end of the sentence and following the word “by” added “the Council in accordance with the Texas Election Code.” Deleted a second sentence which read “The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates.”
(Subsections (a)–(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)